Economic Liberty

Newell-Davis v. Phillips

Brief Details

Date Filed
Original Court
U.S. District Court for the District of Louisiana
Current Court
U.S. Supreme Court

The Institute for Justice (IJ) submitted an amicus brief urging the Court to grant review for this case to affirm the importance of economic liberty rights. Ms. Newell-Davis wants to offer respite care services to special needs children in Louisiana. The state’s “facility need review” laws prohibit her from opening a respite care business, even though her services are badly needed. This brief explains that Ms. Newell-Davis’s right to earn an honest living free from unreasonable government restrictions can be traced to Magna Carta and have been incorporated into the history and tradition of American law. The right to be free from government-sponsored monopolies has an equally storied history and should also be protected by the Court.